XN000022-1978-01-11 — Page 5

WEDNESDAY, JANUARY 11, 1978

BOTH MR. LEUNG AND FATHER MCGOVERN URGED THAT THE CEILING BE LIFTED ALTOGETHER. MR. LEUNG EXPLAINED THAT IT COULD BE DIFFICULT AND OFTEN NOT PRACTICABLE TO DRAW A LINE ALONG THE SCALE OF EARNINGS TO DISTINGUISH THOSE TO BE INCLUDED IN THE LAW AND NON-MANUAL WORKERS SHOULD NOT BE DEBARRED, LIKE MANUAL WORKERS

AT PRESENT, FROM PROTECTION ON AN INCOME BASIS.

FOR THOSE NON-MANUAL WORKERS NOT PROTECTED AT PRESENT, EVEN IF THEY COULD PROVE THAT THEIR EMPLOYERS OWED THEM A CIVIL LIABILITY TO PAY DAMAGES, THEY WERE LIABLE FOR THE COST OF ANY COURT PROCEEDINGS FOR THE RECOVERY OF THE DAMAGES, MR. LEUNG SAID.

MR. WONG ALSO POINTED OUT THE INADEQUACY IN THE EXISTING RATE OF COMPENSATION IN NOT TAKING INTO ACCOUNT THE VARYING DEGREES OF LOSS BY WORKERS BELONGING TO DIFFERENT TRADES THOUGH SUFFERING FROM THE SAME PHYSICAL INJURY,

FOR EXAMPLE, HE SAID, THE LOSS OF AN INDEX FINGER WOULD MEAN DIFFERENTLY TO A HIGHLY-SK ILLED CRAFTSMAN AND AN ORDINARY FACTORY HAND AND YET THE LOSS IN EARNING CAPACITY OF BOTH IS REGARDED AS 14 PER CENT.

FATHER MCGOVERN ADDED SUPPORT TO MR, WONG'S CALL FOR JUSTICE TO THE SKILLED WORKER. EASE OF ADMINISTRATION SHOULD NOT BE THE MAIN CONSIDERATION IN ASSESSMENT, THE PURPOSE OF WORKMEN'S COMPENSATIONS IS PRIMARILY TO HELP THE INJURED PERSON TO A DEGREE WHICH WILL JUSTLY COMPENSATE FOR THE LOSS HE HAS SUFFERED,+ HE SAID.

HE ALSO THOUGHT THAT THE BASIS OF ASSESSMENT FOR COMPENSATION WAS GENERALLY INADEQUATE SO THAT THERE WAS INADEQUACY IN THE COMPENSATION PAID.

ALL THE THREE UNOFFICIALS SPOKE ON THE NEED TO INTRODUCE A PRO-RATA SURCHARGE ON LATE PAYMENTS OF COMPENSATION, TO IMPROVE ON THE FIXED $50 OR 5 PER CENT (IF MORE) SURCHARGE PROVIDED FOR IN THE PRESENT AMENDING ORDINANCE.

FATHER MCGOVERN SAID THE PRESENT POSITION IS OPEN TO SERIOUS ABUSE, WHILE THERE SHOULD NOT BE ANY INSUPERABLE ADMINISTRATIVE DIFFICULTY IN INTRODUCING SUCH PRO-RATA SURCHARGES. BUT EVEN IF THE LABOUR DEPARTMENT DOES FIND PROBLEMS I AM SURE THAT ADVICE COULD BE SOUGHT FROM THE INLAND REVENUE DEPARTMENT WHICH SEEMS TO HAVE A HIGHLY EFFICIENT, ALMOST INSTANTANEOUS, METHOD OF GETTING OUT DEMAND NOTICES, AND SURCHARGES FOR LATE TAX PAYMENT, HE SAID.

MR. WONG WELCOMED THE IMPROVEMENT ARISING FROM EXTENDING THE TIME LIMIT FOR MAKING COMPENSATION APPLICATIONS, FROM 12 TO 24 MONTHS, WHICH WOULD GIVE INJURED WORKERS A MORE REALISTIC ASSESSMENT AND CUT DOWN ON UNNECESSARY ADMINISTRATIVE WORK.

VERY OFTEN. THE DEGREE OF PERMANENT INCAPACITY AND HENCE THE LOSS SUFFERED BY AN INJURED WORKER IS NOT POSSIBLE TO ASSESS BEFORE THE EXPIRY OF THE PRESENT 12 MONTHS PERIOD, HE SAID.

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